The new NICE guidelines - do they affect benefits at all?

Discussion in 'Work, Finances and Disability Insurance' started by Wits_End, Nov 6, 2021.

  1. Invisible Woman

    Invisible Woman Senior Member (Voting Rights)

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    I believe so. I think the accusation was the number of claimants who were awarded the benefit that was targetted.
     
  2. lunarainbows

    lunarainbows Senior Member (Voting Rights)

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    We just had to fill out my PIP form again - but I have to fill it out every 2-3 years! The reason for this is because the nurse who assessed me when I first got ill, told me that many people with ME recover, so I could easily recover as well in the next few years. So she said she would recommend that I am reassessed every 3 years as I can get better! Well this time around, I’ve asked for it to be an indefinite award because my doctor has told me I will not got back to how I was before I became ill. I really hope they take it on board, as having PIP and ESA forms to do every 2 years is very hard.
     
  3. lunarainbows

    lunarainbows Senior Member (Voting Rights)

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    Does anyone know if there’s an indefinite award for old style ESA? Or do they always assess every 2 years?

    I found out that it does exist for new style ESA:
    “New Style ESA lasts for 365 days if you’re in the work-related activity group. There’s no time limit if you’re in the support group.”

    And it does seem to exist for universal credit as well:
    “The DWP will usually reassess your LCW or LCWRA every 1, 2 or 3 years. They might also reassess you if you start work. If you've got LCWRA, the DWP might decide they won't need to reassess you in future - they'll tell you in the decision letter they send you after your assessment”.

    But I can’t seem to find any details for old style ESA. Anyone else on ESA know any more?
     
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  4. Wonko

    Wonko Senior Member (Voting Rights)

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    My.understanding is that the maximum time between coming up for reassessment on traditional ESA is 3 years by law.

    This doesn't necessarily mean that someone will be reassessed every 3 years, it means the claim has to be scheduled to be looked at with a view to reassessment at least once every 3 years, even if in the support group.

    Of course 3 years us the max, a lot if people would seem to get a prognosis of 1 or 2 years, and some only a few months, according to rumours.
     
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  5. JemPD

    JemPD Senior Member (Voting Rights)

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    That doesnt mean length of award though (as i understand it) it means how long you're allowed to get it. So for the WRAG you can only get contribution based ESA for 365 days, you can keep having it renewed indefinitely, for the support group. But like Wonko says there are no indefinite awards for ESA/PIP like there used to be for IB/DLA.... you can get an award for longer, for 5 or even 10 yrs as i understand it, but its very rare.

    FWIW i had an ESA award - for 2 yrs, back in 2016 (it was the 3rd 2yr award) but since then every year its been deferred so i've been very blessed & not been reassessed in 2018,20 or 22. They clearly looked at it & decided not to bother, i dont know why, havent wanted to rock the boat by asking for details! But just to say that its possible to be reassesed less often, but its horrible not knowing when/if its going to happen
     
  6. Kitty

    Kitty Senior Member (Voting Rights)

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    I've never had an assessment for ESA at all since my first claim in 2014, and I've never been given a fixed award length. Maybe someone has to look at it periodically, but they've never contacted me about it. So it is technically feasible, but I don't know how the decision is made.

    It's possible that they looked at my original DLA award from 2004, which established that I use a powered wheelchair—from memory, that alone meets some of the ESA criteria. But I also worked full time between 1976 and 2013, and did part time work intermittently from 2014 to 2017. Perhaps they decided that a 40-year work history is evidence that I did my best, or some other dubious value judgement.

    Anyway, I'm definitely not going to poke the bear by asking! :laugh: I'm now within sight of the revised state pension age, and although I will have to claim PIP again before then, I'm otherwise trying to lie low.


    ETA: First sentence above might imply that I had an assessment when I first claimed—I didn't, it was a paper-based award.
     
  7. JemPD

    JemPD Senior Member (Voting Rights)

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    Yes i think a powered wheelchair is automatic SG inclusion....., but i also seem to think it has to be used indoors for inclusion?
     
  8. John Mac

    John Mac Senior Member (Voting Rights)

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    https://www.gov.uk/government/stati...atory-reconsiderations-and-appeals-march-2022

    Sep2021.JPG
     
  9. JemPD

    JemPD Senior Member (Voting Rights)

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    gosh, i wish i'd known that in dec/jan/feb when my reassessment was "due"!

    would have saved a lot of anxiety! But they couldnt possibly let people know could they... that would be too humane
     
  10. John Mac

    John Mac Senior Member (Voting Rights)

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    Yes I was the same starting last July. The first thing I would do every morning when I got out of bed was look down the stairs at the letterbox to see if there was a buff coloured envelope waiting for me. Apart from a few false alarms I was usually relieved to see there wasn't one. They have us in a permanent state of anxiety.
     
  11. JemPD

    JemPD Senior Member (Voting Rights)

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    Yeah me too.
    They are sent in white envelopes now though you know. With the words 'Important Documents Enclosed' written on. At least they are in my area. They changed from the 'brown envelope' a while back. Its worse, because at least, as you say, you could see from a distance with one glance if there was a brown one there. But now i have to wait till i can actually get downstairs & examine the pile to find out. This time of year is horrible because they send out the 'rates have changed & tax statement letters as well, so while i'm opening it i am attempting to keep from throwing up with fear.
     
  12. Kitty

    Kitty Senior Member (Voting Rights)

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    I've only filled in the form once, so I couldn't remember. But I do use it indoors, always in big buildings and sometimes at home, so I guess I said that.

    Ooh, get you—posh! :laugh: I've had the updated rates for PIP and ESA in the last few weeks, and ours are still in the brown 'uns.

    You've helpfully reminded me that they asked me to send them details of my pension increase a few weeks back, and I must remember to reply when I find out how many more pennies a week I'll be getting so they can knock it off my ESA. At least this time they didn't ask me to provide evidence about the other minuscule pension I receive, which I've already told them four times will never increase.
     
  13. JemPD

    JemPD Senior Member (Voting Rights)

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    really? I wonder why its different for me then? Its at least a year, in fact i'd say 2yrs, since i had a brown envelope from them. Perhaps its an area thing.

    strange

    Sorry by 'indoors' i meant 'at home' so thats good you would have said that
     
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  14. Wonko

    Wonko Senior Member (Voting Rights)

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    As far as I know the DWP uses brown envelopes, but reassessment letters aren't sent by the DWP, they are sent by the assessment organisations, in white envelopes.
     
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  15. JemPD

    JemPD Senior Member (Voting Rights)

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    yes for years thats how i experienced it as well. But I have definitely had one from DWP in a white envelope - i thought it was my reassessment form, it was just a 'the rates of PIP are increasing, from ---- date--- your rate will be' ....

    definitely from DWP.

    I assumed they had changed to white for everyone. But with the telltale "Important Documents Enclosed" written across the front of the envelope. That is so weird that other people are still getting brown ones
     
  16. John Mac

    John Mac Senior Member (Voting Rights)

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    Article about the movement of people off ESA and onto Universal Credit
    https://www.disabilitynewsservice.c...xplain-silence-on-universal-credit-wca-stats/
     
  17. JemPD

    JemPD Senior Member (Voting Rights)

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    @John Mac I'm not sure why you posted that article about transfer of ESA to UC specifically in response to my post? was it just a general comment about how inhumane they are, or was there something you felt was particularly applicable to me? were you pointing out to me that they will be migrating ESA to UC? sorry am a bit dense today***

    I didnt really understand the article it seems to be about people who are transferred to UC & then move from the WRAG to the SG (although they call it the LCFWRA or something) at a later date.

    I'm under the impression that it only applies to those on income related ESA anyway, i think when the migration first started it said it wouldnt be happening for those on contribution based ESA, for now anyway, but that was a few yrs ago.

    *** lol that implies i might not be dense on other days, which is of course, untrue! :D
     
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  18. John Mac

    John Mac Senior Member (Voting Rights)

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    Hi @JemPD yes my original reply gave the impression that WCA's were not being carried out for the time being but then yesterday I saw the article saying they are beginning the migration of people on ESA onto Universal Credit which would require a WCA if one was overdue. But it appears that they are only migrating people in the ESA WRAG (Work Related Activity Group) over to the UC LCFWRA (Limited Capability For Work Related Activity).

    So for those of us placed in the support group we may have a bit longer before being re-assessed.
    I was just worried that my original reply may no longer be valid for some people reading it and indeed the dreaded envelope may possibly be arriving soon. :(
     
  19. John Mac

    John Mac Senior Member (Voting Rights)

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    https://parallelparliament.co.uk/de...mpleting-the-move-to-universal-credit-by-2024

    The Secretary of State for Work and Pensions (Dr Thérèse Coffey)
    Monday 25th April 2022
    "Next month, we will be starting a multi-site approach across the country with a small number of claimants—approximately 500 initially—being brought into the mandatory migration process. We will continue to develop our processes and systems to scale the migration process and complete by 2024."
     
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  20. alktipping

    alktipping Senior Member (Voting Rights)

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    imo the continuous renaming and changing of benefits is to cut costs by denying or reducing said benefits . I have no doubts that i will have to attend yet another tribunal to try and keep the present level of financial assistance .
     

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